HR7268-119

What This Bill Does

The CLEAN-UP Act lets the Secretary of the Army, acting through the Corps of Engineers, remove or remediate contaminated sediment without becoming liable under CERCLA for releases caused by the covered cleanup activity, but only if the work follows a joint plan coordinated with the non-federal project sponsor and approved by EPA. The plan must protect human health and the environment, incorporate relevant National Contingency Plan requirements, identify the work, disposal method, roles, responsibilities, and funding sources, and include any EPA conditions. Before work starts, the Corps must document hazardous substances or pollutants in the sediment and try to identify potentially responsible parties. The bill preserves federal authority to recover response costs from those responsible parties.

Who Benefits and How

Army Corps water resources projects and non-federal project sponsors benefit because cleanup can proceed without making the Secretary automatically liable for sediment releases caused by properly planned remediation. Communities near contaminated waterways benefit when sediment removal or remediation has a clearer path and must still protect human health and the environment. EPA benefits because it retains approval authority over joint plans and can require terms tied to the National Contingency Plan.

Who Bears the Burden and How

The Army Corps must draft joint plans, consult federal, State, and local officials, provide public comment opportunities, document contamination before cleanup, identify potentially responsible parties, and preserve cost-recovery claims. Non-federal project sponsors must coordinate roles, responsibilities, funding, and disposal methods in the joint plan. EPA must review and approve plans and decide what extra terms are necessary. Responsible parties remain exposed to federal cost-recovery actions for response costs even though the Secretary receives a narrow liability shield.

Key Provisions

• Provides a CERCLA liability shield for the Secretary of the Army when contaminated-sediment cleanup follows an EPA-approved joint plan.
• Requires joint plans to protect human health and the environment and include National Contingency Plan requirements, work descriptions, disposal methods, roles, responsibilities, and funding sources.
• Requires consultation with government officials and public comment before covered sediment removal or remediation proceeds.
• Preserves federal authority to identify responsible parties and recover cleanup response costs from them.